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1977, not within: <br />a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(n); <br />b) An area under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge System, <br />the National System of Trails, the National Wilderness Preservation System, the <br />Wild and Scenic Rivers System including rivers under study for designation, and <br />National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional building, or public pazk (2.07.6(2)(d)(iii)(B)); <br />e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br />f) The boundaries of any National Forest unless the required finding of compatibility <br />has been made by the Secretary of the U.S. Department of Agriculture <br />(2.07.6(2: (d)(iii)(D)); <br />g) One hundlred feet of the outside right-of-way line of any public road except where <br />mine access or haul roads join such line, and excepting any roads for which the <br />necessary approvals have been received, notices published, public hearing <br />opportun',ties provided, and written findings made (2.07.6(2)(d)(iv)); <br />h) Three hwtdred feet of an occupied dwelling unless a written waiver from the owner <br />has been provided (2.07.6(2)(d)(v)). <br />On the basis of information submitted by Seneca Coal Company in the form of survey <br />reports and a letter from the Colorado Historical Society, the Division finds that subject <br />to valid existing rights as of August 3,1977, the mining operation will not adversely affect <br />any publicly owned pazk or place listed on or eligible for listing in the National Register <br />of Historic Pl<~ces as determined by the State Historic Preservation Office <br />(2.07.6(2)(e)(1~)). <br />The Division :found, in 1981, all necessary notices and approvals were received in order <br />to allow the p~;rmittee to adversely affect a place listed on or eligible for listing in the <br />National Regi~ter of Historic Places as determined by the State Historic Preservation <br />Office. The place affected was Site SRT139, located in S ys NE l/4 Section 11, <br />Township 5)\~orth, Range 87 West. Approval to affect it was received from the Division <br />and the State ].3istoric Preservation Officer. A mitigation plan for the site included <br />